Jacket Stolen From Night Club Venue

[Czza]

Hi,

I attended a night club venue and paid for my jacket to held within the cloak room and when I went to collect it was gone.

The venue have admitted full responsibility and have and have agreed to replace / refund the jacket, this is all very well but please read on.

The jacket which is a collectors item was over £300 when I purchased it in 2014, to replace the jacket now would cost over £750 as per various listings on ebay.

I never bought the jacket as an investment piece and would never have sold it.

I have always maintained to the venue that I want the jacket returned or an identical replacement, they are refusing to pay out its current value or source and pay for another and will only pay the amount I paid.

They are pursuing this through there insurance provider, I was informed by an insurance expert that I should put in the same position I was in before the jacket was stolen.

Please advise, thank you.

[OliverJames]

Re: Jacket Stolen From Night Club Venue

Hi Czza,

Sounds like a pretty crappy situation to be in, sorry about that!

As a layman, I am in no position to offer legal pointers, but out of curiosity and while we wait for one of these legends to wade in and deliver excellence, how did the venue admit full responsibility to for this? Was this done verbally or have they put something to you in writing?

There is a quite similar thread here thats also worth a read while you wait - http://legalbeagles.info/forums/show...ts-to-complain

[Czza]

Re: Jacket Stolen From Night Club Venue

Hi, thanks for your message, the venue have accepted full responsibility verbally and by email, I am in dialog with them currently.

- - - Updated - - -

I saw the thread as per your link, I suppose where mine differs is that I need to know my rights in terms of what I am entitled to ie the amount I paid or its current value ?

[OliverJames]

Re: Jacket Stolen From Night Club Venue

Hi, thanks for your message, the venue have accepted full responsibility verbally and by email, I am in dialog with them currently.

- - - Updated - - -

I saw the thread as per your link, I suppose where mine differs is that I need to know my rights in terms of what I am entitled to ie the amount I paid or its current value ?

Least you have their admission in writing. Hopefully if it goes to small claims court you can produce that (hopefully it is settled without that).

Another question you may need answering is whether or not to record the jacket stolen with the police. You may need a crime reference number in order for an insurance claim to be processed (not sure if you or the venue will need to register this if it's needed).

I am keen to see what these guys come back with and hope for the best outcome for you!!

[des8]

Re: Jacket Stolen From Night Club Venue

The night club, or their insurers need to put you in the position you were when they lost your jacket, ie not what you paid X years ago but what it would cost to replace at today's prices.

The advice you received earlier was correct, and you need to tell them that if they don't make full restitution you will take further steps.

[Czza]

Re: Jacket Stolen From Night Club Venue

des8, thank you for your reply, your message confirms what I believed to be the case - although nagging doubt had set in. Would it be fair to assume the venues insurance policy would provide cover to ensure I was put into the same position I was in prior to the theft, or is it possible the policy may not provide this type of cover. I appreciate this is speculative - I have requested a copy of the insurance policy to view the wording of the policy, as yet I have not received this document.

[Czza]

Re: Jacket Stolen From Night Club Venue

des8, thank you for your reply, your message confirms what I believed to be the case - although nagging doubt had set in. Would it be fair to assume the venues insurance policy would provide cover to ensure I was put into the same position I was in prior to the theft, or is it possible the policy may not provide this type of cover. I appreciate this is speculative - I have requested a copy of the insurance policy to view the wording of the policy, as yet I have not received this document.

[des8]

Re: Jacket Stolen From Night Club Venue

You have no right to see that policy, so don't expect to get a copy!

Your claim is against the nightclub.
They are the liable party, and it is not your concern if they have covered their risk of loss by insurance.
I assume they are carrying public liability insurance.
However it is not compulsory in the UK, so the level of protection for client's possessions might be low.
A more likely scenario is that the cover would have a substantial excess point.
But as stated, ultimately that is not your concern.
If the club or their insurers don't cough up, your action is against the club.

[Czza]

Re: Jacket Stolen From Night Club Venue

des8, thank you for your reply. they have stated the excess on the policy is £250, as such they have advised they will not pursue a claim via the insurance co as the jacket cost £312 and they will reimburse this amount in full only.
I have declined this offer explaining I want a replacement jacket which will cost approx £800 - I have no desire to receive a cash settlement for any amount and have suggested they replace the jacket.
Email I sent to the venue -

Dear xxx,


Thank you for your reply, I decline your offer - this would not enable me to be put in the same position I was in before the jacket was stolen.

As I have stated, my desire is and always has been to either have my own jacket returned to me or to have an identical replacement.

I have been asked to request you provide details of the insurance provider and policy number for The Ferry, this will allow the process of pursuing a claim for a replacement jacket and other associated costs.

I would welcome a suitable counter offer, by this I mean a replacement, identical jacket.

I am happy to wait as per your deadline until next Wednesday for your response.
************************************************** *************************************

I am in dialog with my own, home insurance co and they have advised they will honour a claim for the current value and possibly pursue costs from the venue - this is unlikely due to the amount of potential resource and costs with attempt to reclaim their costs.
It is also a route I am reluctant to pursue as it will impact my future home insurance premiums.

The route I am keen to pursue is via my home insurance legal cover, I have spoken with them re a potential claim - albeit with an advisor as opposed to a solicitor yet, this will hopefully be the next step.

I have been advised this could potentially end up at the small claims court ?

Any advice you can add will genuinely appreciated.

[des8]

Re: Jacket Stolen From Night Club Venue

I doubt if you will obtain a replacement jacket.
This is a specialist jacket, and what would happen if they gave you what they thought was a genuine replacement but you thought was a fake?

You could purchase a suitable replacement yourself, and claim the cost back from the venue.

Alternately you could claim the value from the venue.

In either scenario it would be for the venue to decide whether or not to lodge a claim with their insurers.

You could alternately claim on your own insurance, and if there is an excess, claim that back from the venue.
It should not impact on your household policy premiums.

If you want to claim against the venue you will most likely get legal support from your legal expenses insurance

[Czza]

Re: Jacket Stolen From Night Club Venue

Replacements are out there, not quite hens teeth, but if you spend the time - and I have - you will find one "Brand New With Tags" on ebay. I appreciate ebay may not always sell the genuine article and due diligence will be required...

I will pursue through the legal avenue against the venue as opposed to my insurance - it is my hope the venue will pay costs rather than my insurance provider and I also feel this is the route to take as a point of principal.

Thanks for your advice, I will post updates.

[ploddertom]

Shame you never noticed how old the thread is though.